The Ohio Supreme Court has substantially limited the “voluntary abandonment” doctrine in claims for temporary total disability compensation under the Ohio Workers’ Compensation Act.
That means employers may have to pay temporary total disability payments to employees even if they were injured while breaking safety rules.
An injury, followed by firing
David Gross, a 16-year-old fast-food worker employed by KFC, suffered serious burns after being sprayed with boiling water he had heated in a pressure cooker. Gross’s boss and co-workers had warned him several times not to put water in the pressure cooker to clean it. The employee manual and a label on the pressure cooker also noted the danger.
Because his injuries occurred on the job, Gross applied for and received temporary total disability (TTD) compensation. TTD benefits are intended to replace wages lost by an employee who is unable to work because of a workplace injur...(register to read more)